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Start Preamble

AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION:

Notice of final disposition.

SUMMARY:

FMCSA announces its decision to renew exemptions of 132 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.

DATES:

Each group of renewed exemptions was applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter Start Printed Page 33545provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/​privacy.

II. Background

On April 17, 2017, FMCSA published a notice announcing its decision to renew exemptions for 132 individuals from the insulin-treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV in interstate commerce and requested comments from the public (82 FR 18206). The public comment period ended on May 17, 2017, and no comments were received.

As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3).

The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.

III. Discussion of Comments

FMCSA received no comments in this preceding.

IV. Conclusion

Based upon its evaluation of the 132 renewal exemption applications and that no comments were received, FMCSA confirms its' decision to exempt the following drivers from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3):

As of May 3, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 16032; 78 FR 26107):

Maryland A. Chandler (KY)

Ronald D. Clark (AR)

Larry L. Eberly (PA)

Steven J. Fessler (IL)

Patrick L. Morningstar (MD)

Russell L. Stiley (CO)

Gary T. Stoutamyer (VA)

Jack K. Webster (KY)

Harry V. Wilhite, Jr. (AL)

The drivers were included in docket No. FMCSA-2013-0014. Their exemptions are applicable as of May 3, 2017, and will expire on May 3, 2019.

As of May 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 16758; 78 FR 26422):

Victor L. Daniels (DE)

Kenneth T. Faborito (HI)

Kevin P. Lee (MN)

Duane W. Mansur (NH)

Fritz R. McBride (WI)

Arthur H. Olsen (AZ)

Jacob D. Parnaby (OH)

Brandon P. Wilson (NC)

Peter S. Zipperer (LA)

The drivers were included in docket No. FMCSA-2013-0012. Their exemptions are applicable as of May 6, 2017, and will expire on May 6, 2019.

As of May 8, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 50 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (80 FR 18681; 80 FR 37716):

Rafael M. Alvarado (TX)

Mark J. Avedisian (NY)

Timothy J. Burke (MA)

Roger D. Cassada (VA)

Leonard W. Cleaves (MA)

Larry A. Cramer (SD)

Bradford A. Davies (ME)

Larry A. DeSanno (OR)

Robert S. Doering (IL)

Michael L. Domarus (MN)

Adan A. Espinoza (CA)

Howard E. Fruehling (IA)

Michael F. Gabbianelli (NJ)

James E. Goins (NJ)

Gregory J. Goodenbour (IA)

Michael D. Howell (NC)

Mayer Indorsky (NY)

Raymond J. Jacobs (NY)

Lyle J. Kaehler (WI)

Charles F. Kennedy (PA)

Curtis G. Krichbaum (PA)

Walter P. Leck (PA)

John R. Mauney (NC)

Derrell R. McCaskill (MD)

Eric O. McLamb (NC)

Michael S. Murray (IA)

Benjamin M. Naastad (ND)

Richard G. Niemi (WI)

Kenthia E. Norfleet (AL)

Donald M. Oakes (NH)

Robert E. Piernik (FL)

Harold E. Pratt (MO)

Jack C. Reed (NE)

Fernando Rivera (IL)

William J. Schmidt (MN)

Todd J. Schoeller (WI)

Gary H. Schrot (WI)

Ryan A. Snow (PA)

Kevin L. Sundh (UT)

William H. Terry (IN)

Duane K. Torlish, Jr. (NY)

Ronald W. Truitt (PA)

Timothy E. Vanderwiele (NY)

Leo D. Vermeire (WA)

Brian W. Walls (PA)

Gary L. Webster (VT)

Lance A. Wendinger (MN)

Allan W. Widener (GA)

Shane D. Wildoner (PA)

Kyle A. Wright (WA)

The drivers were included in docket No. FMCSA-2014-0315. Their exemptions are applicable as of May 8, 2017, and will expire on May 8, 2019.

As of May 9, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 38 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (76 FR 17475; 76 FR 26792; 80 FR 18928; 80 FR 37726):

James R. Bledsoe (FL)

Sammy W. Bowlin (KS)

Durwin A. Brannon (NC)

Larry J. Carril (IL)

Jimmy E. Cole (TN)

Robert S. Colosimo (ND)

Joel F. Cook (NY)

James N. Coombs (NJ)

David A. Daniels (ME)

John A. DelGiudice (RI)

Mark J. Dias (MA)

Brian A. Foss (WY)

William A.H. Gardner (CA)

Steven M. Gilmour (MA)

Ismael Gonzalez (IN)

Charles A. Gudaitis (PA)

Cory A. Harker (UT)

Clark D. Holdeman (TX)

David A. Holwenger (WA)

Conrad J. Janik (NY)

David F. Kenny (NY)

George W. Key, Jr. (AL)

Michael O. Lancial (MI)

Robert E. McKenna (NY)

Gregory O. Morton (AL)

Frank A. Mowers (IL)

Charles H. Nichols (MI)

Robert L. Rush (PA)

Derek J. Scougal (VA)

Roy Silva (IL)

James L. Skinner (IA)

Crispin Tabangcura Jr. (HI)

Robert L. Terry (TN)

Rafael Torres, Jr. (FL)

Harold E. Watters (IN)

Joseph E. Weitzel (PA)

John B. Wojcicki (OH)

Steven L. Wolvers (IA)

The drivers were included in one of the following docket Nos: FMCSA-2011-0058; FMCSA-2015-0057. Their exemptions are applicable as of May 9, 2017, and will expire on May 9, 2019.

As of May 11, 2017, and in accordance with 49 U.S.C. 31136(e) and Start Printed Page 3354631315, the following 8 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (76 FR 17478; 76 FR 27376):

Peter N. Amendola (MA)

Steven V. Callison (LA)

Douglas A. Carroll (IN)

Tamara D. Folsom (SD)

Ernest Martinelli, III (RI)

Johnathon C. Morgan (TN)

David R. Smith (ME)

Adam J. Stegenga (MI)

The drivers were included in docket No. FMCSA-2011-0040. Their exemptions are applicable as of May 11, 2017, and will expire on May 11, 2019.

As of May 18, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, Thomas G. Deke (MO) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (71 FR 17558; 71 FR 28913).

This driver was included in docket No. FMCSA-2006-24016. The exemption is applicable as of May 18, 2017, and will expire on May 18, 2019.

As of May 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 17 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (74 FR 15578; 74 FR 24072):

William C. Arrington (MD)

Raymond Barajas (KS)

William N. Carpenter (KY)

Darin L. Carpenter (MT)

Jeffery W. Cotner (OR)

Juan A. Hartwell (CT)

David A. Holzbach (SC)

Joseph T. Jackson (CT)

Donald A. Lambrecht (NC)

William M. Liebert (NV)

Curtis J. Panther (MN)

Eric S. Ritter (CA)

Gary L. Robinson (TN)

Kevin J. Sears (IL)

Peter A. Storm (LA)

Don A. Wisnosky (WI)

Patrick D. Yosten (NE)

The drivers were included in docket No. FMCSA-2009-0067. Their exemptions are applicable as of May 22, 2017, and will expire on May 22, 2019.

In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the applicable date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315.